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Hema   29 February 2020

Will my husband get share in my self earned property

Hi,

I am my husband seperated 7yrs back and the case is on in court. i am not married again, and i have no wish to marry again.

 He is physically fit and does not want to work and enjoy in anothers money.

Will he get share in my self earned property while i am still alive. and post my death will he get 

 



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 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 February 2020

He does not have any rights on your self earned property unless you give him rights in writing a document

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     29 February 2020

1. Separation is not equal to Divorce.

2. Unless you make a WILL of your Self-Acquired property/s,  the legally wedded Husband's right /claim to your property shall remain intact, after your demise.

3. However, IF you obtain a proper Divorce Decree, THEN Husband shall have no right /claim to your property/s in any manner, whatsoever, whether you are dead or alive.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Adv Deepak Joshi +917017821512 (Advocate)     29 February 2020

In case you are earning your husband may claim maintenance from you, it you leave world without disposing your property than he will have right on your properties.

Shashi Dhara   01 March 2020

From past 7years what he is doing ..who has gone to court,for what reason or purpose,maintenance or for divorce or rcr .how you came to conclusion ,now who is feeding him from past 7years.

Aditi Ananya   09 December 2023

Stridhan is the sole asset in the home that belongs entirely to the woman. A woman can obtain stridhan at any time throughout her life via personal effort such as labour or employment, skill work, or participation in artistic contests, etc. It is a well-established truth that a woman has a moral and legal right to her stridhan that no one can deprive her of.
In a case, the Supreme Court ruled that a woman had intrinsic rights over stridhan, which she can assert even after her divorce from her spouse. There is a distinction between "a decree for divorce and a decree of judicial separation; in the former, there is a severance of status and the parties do not remain as husband and wife, whereas in the latter, the relationship between husband and wife continues and the legal relationship continues as it has not been snapped," it said, adding that if she is not divorced, she can seek judicial relief to obtain stridhan.
The right to dispose the Stridhan differs according to its nature because the Stridhan is divided into saudayika and asaudayika Stridhan. During her marriage, the saudayika Stridhan may be separated by her free will, whereas asaudayika Stridhan could only be removed with her husband's permission. This regulation only applies in cases when the husband and wife live together. In another case, if both have left, asaudayika Stridhan can be disposed of by the woman even without her husband's agreement.
Moreover, If the wife falls within the descripttion of a "aggrieved person" and is given a decree of judicial separation, her connection with her husband will remain intact until a divorce decree is obtained. At that point, she will be eligible to pursue all available remedies.

Therefore, NO he will not get any share in your self earned property while you are still alive but post your death all of the your possessions will pass to your husband and children (if any), as per the terms outlined in Section 15(1) of the Hindu Succession Act, 1956.


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